How many witnesses does a will need in Ohio?

A will in Ohio must be signed in front of two witnesses. The witnesses do not need to be present together when they sign, but each must witness the testator's signature or acknowledgment. See Ohio Rev. Code §2107.01 et seq..

Does a will have to be notarized in Ohio?

No. Ohio does not require a will to be notarized.

Is a handwritten will valid in Ohio?

No. Ohio does not recognize holographic wills. Every will must be signed in front of witnesses to be valid.

What is the minimum age to make a will in Ohio?

You must be at least 18 years old to make a will in Ohio.

Can I sign my will online in Ohio?

No. Ohio does not currently recognize electronic wills. A will must be signed and witnessed in person on paper to be valid.

What documents make up a complete estate plan in Ohio?

A complete estate plan in Ohio usually includes four documents: a Last Will and Testament, a Revocable Living Trust, a Durable Power of Attorney, and a Healthcare Directive. Will.com generates all four together based on your answers.

Estate plan requirements

Ohio

Everything your estate plan needs to be valid in Ohio: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	None required	Required
Healthcare directive	2 required, or notary	Alternative to witnesses

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Ohio content last reviewed May 18, 2026.

Will

Ohio Rev. Code §2107.01 et seq.

Witnesses: 2 required

Two competent witnesses (each 18 years or older per Ohio Rev. Code §2107.06) must attest and subscribe in the testator's conscious presence; §2107.03 defines 'conscious presence' as within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Ohio does not recognize handwritten wills without witnesses

Self-proving affidavit: Not available

Witnesses may need to testify during probate

ViewWitness disqualification / interested-witness rule

Each witness must be eighteen (18) years of age or older (Ohio Rev. Code §2107.06); a devise or bequest to a person who is one of only two witnesses is void under §2107.15, although the witness may recover up to the intestate share, with other beneficiaries contributing as for an after-born child under §2107.34. Adding a third disinterested witness preserves the gift

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Statutory Form Power of Attorney

Ohio Rev. Code §§1337.21 to 1337.64 (Uniform Power of Attorney Act); statutory form at §1337.60

Last verified: 2026-05

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Signature must be acknowledged before a notary (Ohio Rev. Code §1337.25 creates the presumption of genuineness, and §1337.04 requires acknowledgment for any POA used to execute a real-property instrument). An un-acknowledged POA is routinely refused by Ohio banks, brokerages, and county recorders even if signature-only execution might technically be valid between principal and agent; treat acknowledgment as required.

•Durability is presumed unless the instrument states otherwise

•A POA used for the execution of a real-property instrument must be properly executed and acknowledged by the principal before the related deed or mortgage is executed, and recorded with the county recorder of the county where the property lies before the related instrument is recorded (Ohio Rev. Code §1337.04, as amended by S.B. 94 of the 135th General Assembly, effective Oct. 24, 2024; see also general acknowledgment of real-property instruments under §5301.01). The 2024 amendment allows curative late recording of an unrecorded POA on a supporting affidavit, and a POA on record for ten or more years is presumed valid even if not previously of record

ViewStatutory warning notice

IMPORTANT INFORMATION (Ohio Rev. Code §1337.60) This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code). This power of attorney does not authorize the agent to make health-care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

ViewAgent acknowledgment wording

IMPORTANT INFORMATION FOR AGENT (Ohio Rev. Code §1337.60) Agent's Duties. When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must: (1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) Act in good faith; (3) Do nothing beyond the authority granted in this power of attorney; (4) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest; (5) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent. Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) Act loyally for the principal's benefit; (2) Avoid conflicts that would impair your ability to act in the principal's best interest; (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest. Termination of Agent's Authority. You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include: (1) The death of the principal; (2) The principal's revocation of the power of attorney or your authority; (3) The occurrence of a termination event stated in the power of attorney; (4) The purpose of the power of attorney is fully accomplished; (5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. Liability of Agent. The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code). If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Healthcare Directive

Ohio Rev. Code §§1337.11-1337.17 (Health Care POA); §§2133.01-2133.15 (Living Will / declarations regarding life-sustaining treatment)

Witnesses: 2 required, or notary

Ohio accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public; Ohio Rev. Code §§1337.12 and 2133.02 each authorize notarization as an alternative to two witnesses

State-specific notes

•Witnesses for the Health Care POA cannot be related to the principal by blood, marriage, or adoption; the named attorney-in-fact or alternate; the attending physician; or the administrator of any nursing home in which the principal is receiving care (Ohio Rev. Code §1337.12(B))

•Witnesses for the Living Will cannot be related to the declarant by blood, marriage, or adoption; the attending physician; or the administrator of any nursing home in which the declarant is receiving care (Ohio Rev. Code §2133.02(B)(1))

•Ohio does not prescribe a single mandatory statutory form; however, any printed Health Care POA distributed in Ohio must include the §1337.17 'Notice to Adult Executing This Document' verbatim, with the conspicuous-formatting requirements (capital letters, boldface) preserved

ViewWitness disqualification recital

A witness may not be the agent or alternate agent, related to the principal by blood, marriage, or adoption, the principal's attending physician, or the administrator of any nursing home in which the principal is receiving care (Ohio Rev. Code §1337.12(B)).

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6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Appointment of Representative for Disposition of Bodily Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Ohio recognizes a statutory Appointment of Representative for Disposition of Bodily Remains; we follow that form. (Ohio Rev. Code §§2108.70-2108.73)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Ohio Rev. Code §5119.27 and §5122.31 (mental health and substance-use records) and §3701.243 (HIV). The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

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State-specific signing guide

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Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

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Electronic will status

Ohio has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Ohio has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Ohio authorized RON in 2019.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Ohio does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Ohio for guidance specific to your situation.

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Ohio healthcare directive

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Ohio power of attorney

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Ohio living trust

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